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(영문) 서울고등법원 2014.03.27 2013노4052
강간
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The judgment is recognized as the fact that the defendant repents and reflects the defendant's mistake, the fact that there is no previous conviction or previous conviction in excess of the fine, and the fact that the defendant appears to have committed the crime of this case contingently under the influence of alcohol, but it is not agreed with the victim. The sentencing guidelines of the Sentencing Committee by the Supreme Court is from 2 to 5 years (sexual crime, general criteria, rape (subject to 13 years or older), type 1 (general rape), basic area (no special aggravation or mitigation element) and all other circumstances that are the sentencing conditions specified in the argument of this case, including the defendant's age, character and behavior, motive, means and consequence, etc., it is not deemed unfair to have been too unreasonable to have imposed the court below's punishment, considering all other circumstances that are the sentencing conditions specified in the argument of

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However) In accordance with Article 25 of the Rules on Criminal Procedure, “Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” in the “Act on the Protection of Children and Juveniles against Sexual Abuse” in the “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” shall be deemed “Article 37(1)1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), “Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Crimes” shall be deemed “Article 41(1)1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”, “Article 42(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” shall be deemed “Article 32(1) of the Act on Special Cases Concerning the Punishment, etc. of

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